GENERAL GUIDELINES & INSTRUCTIONS TO BIDDERS FOR ...€¦ · TAMIL NADU, INDIA Tenders should be free from CORRECTION AND ERASURES, Corrections if any, must be attested. All amounts

Bharat Heavy Electricals Limited

(High Pressure Boiler Plant) Tiruchirappalli-620014, Tamil Nadu, India An ISO 9001 Company MM/CAPITAL EQUIPMENT

MM/CE / GENL/001-EMD

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GENERAL GUIDELINES & INSTRUCTIONS TO BIDDERS FOR SUBMITTING

OFFER Vendors are requested to read the following points / guidelines / instructions and ensure that the offer is prepared and submitted strictly as per the requirements. Offers with insufficient details would not be considered for evaluation. The following points / guidelines / instructions are part and parcel of the tender and non-compliance will result in rejection of offer. 1.0 QUOTATIONS Considering the nature of procurement which requires a good amount of technical details, brochures, catalogues etc., to be submitted along with the offer as well as the confidentiality required to be maintained during the offer evaluation process, bidders are requested to submit their offers only through sealed bids. As the part II (the price bid) would not be opened before the technical evaluation is completed, bidders are requested not to submit their bids through email / fax etc. Bidders shall submit the offer in TWO PARTS as indicated below which shall be sealed in one outer envelope. Part I consists of Two inner envelopes and put in a sealed cover and super scribed as PART I - TECHNICAL AND UN-PRICED COMMERCIAL BID WITH EMD ENVELOPE INSIDE Envelope I This sealed envelope should be clearly marked as Part I - EMD Amount , Tender Number and must contain the required EMD amount as indicated in the attached Check List EMD shall be payable as per the instructions, otherwise the offer will not be considered. Pay Order / Demand Draft/ Swift Copy should be accompanied by a covering letter containing the details of Enquiry No. and DD/Pay order / Swift Copy particulars. DD shall be in favour of “Bharat Heavy Electricals Limited, Tiruchirapalli”. Envelope II This sealed envelope should contain all the copies of technical bid together with un-priced commercial bid. This envelope should be clearly marked “Part I - Technical and Un-priced commercial bid”, indicating Enquiry No., Due Date, Address & Reference of the Bidder. Part II This sealed envelope should contain price details. This envelope should be clearly marked “Part II - Price bid”, indicating Enquiry No., Due Date, Address & Reference of the Bidder

Bharat Heavy Electricals Limited TIRUCHIRAPPALLI CAPITAL EQUIPMENT MM/CE / GENL/001-EMD

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Both the envelopes (Part I & II) shall be put in one cover, duly sealed, superscribing as PART I AND PART II indicating Enquiry No., Due Date, Address & Reference of the Bidder. The above tender (envelope containing Part I & II) should reach this office on or before the due date by 14.00 Hrs (IST). Tenders received after 14.00 Hrs (IST) will not be considered for evaluation. Tender should not be addressed to any Individual’s name but only by designation to:

SR.MANAGER / CAPITAL EQUIPMENT/ MM 1st FLOOR – INFORMATICS CENTRE BUILDING (EDP BUILDING), BHARAT HEAVY ELECTRICALS LIMITED HIGH PRESSURE BOILER PLANT TIRUCHIRAPALLI – 620 014 TAMIL NADU, INDIA

Tenders should be free from CORRECTION AND ERASURES, Corrections if any, must be attested. All amounts shall be indicated both in words as well as in figures. Where there is difference between amount quoted in words and figures, amount quoted in words shall prevail. Tenders should be in ENGLISH and accompanied by detailed technical literature, catalogue and detailed dimensional drawings in ENGLISH or otherwise, the tenders will not be considered for evaluation. Tenders will have to be submitted by the Original Equipment Manufacturer only. Offers, if submitted by authorised agents of OEM/ Dealers should be accompanied by a VALID AUTHORISATION LETTER ISSUED BY THE OEM. If the past performance of a vendor in any of the previous Purchase orders/contracts/in any projects, of BHEL Units, and NON-BHEL, is not satisfactory BHEL then reserves the full right to reject such offers of those vendors straightaway irrespective of their suitability and will not be considered for further processing of the tender. 2.0 PART I (TECHNICAL & UN-PRICED COMMERCIAL BID) 2.1 Technical This part shall include / indicate the following: 2.1.1 Tenders should contain complete scope of supply with all technical details,

specifications, delivery and other commercial terms and conditions. 2.1.2 Point by point confirmation for the Technical Specification enclosed is to be provided.

If there are any deviations, the same should be clearly specified. Tenders received without confirmation to our specification will be rejected.

2.1.3 List of customers to whom same or similar equipment have been supplied along with performance certificates are to be enclosed.

2.1.4 Relevant catalogues to be attached 2.1.5 List of spares parts (with part numbers) for two years operation and maintenance

should be attached. 2.1.6 Information on shipping weight and cubage (length, width & height) to be provided.


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2.2 Un-Priced Commercial This part shall include / indicate the following: 2.2.1 Acceptance of commercial terms and conditions by the bidders (in the check-list

enclosed) 2.2.2 Port of shipment / Station of despatch 2.2.3 Terms of payment 2.2.4 CFR price (for foreign bidders) / F.O.R.BHEL works as required in the check list

(attached with this Tender) 2.2.5 Taxes, Service tax & duties including cess applicable. 2.2.6 Delivery Schedule from the date of Purchase Order 2.2.7 Offer validity 2.2.8 Country of origin 2.2.9 Currency in which the price has been indicated. 2.2.10 Percentage of agency commission if any along with a copy of Agency agreement.

The CFR prices quoted shall include the agency commission. 2.2.11 A copy of the Price Bid without the price details to be enclosed.

(UNPRICED BID) 3.0 OPENING OF TENDERS PART I a) EMD envelope would be opened on the tender opening date and if EMD is not submitted, the offer is liable to be rejected. b) Technical & Un-priced commercial bid would be opened on the Tender opening date. PART II – The Technical Bid received (under Part I) would be evaluated and bidders qualifying alone will be considered for further processing. BHEL would proceed with Reverse Auction route or Price Bid opening route for finalizing the tender, which would be intimated to the qualified bidders after completion of the techno-commercial evaluation. BHEL reserves the right to go for a Reverse Auction (RA) instead of Opening the Price Bid submitted, which will be decided after the techno-commercial evaluation. Information and general terms and conditions governing RA are given below.

GENERAL TERMS AND CONDITIONS OF RA

Against this enquiry for the subject item/system with detailed scope of supply as per

enquiry specifications, BHEL may resort to “REVERSE AUCTION PROCEDURE” i.e., ON LINE BIDDING ON INTERNET.

For the proposed RA, technically and commercially acceptable bidders only shall be

eligible to participate.

In case of RA, BHEL will engage the services of a service provider for conduct of the RA who will provide all necessary training and assistance to the bidders before commencement of on line bidding on internet.


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Business rules governing the RA will be communicated to the bidders through service provider for compliance.

Vendors have to fax the Compliance form in the prescribed format (provided by

Service provider) before start of RA. Without the compliance, the vendor will not be eligible to participate in the event.

BHEL will provide a sample calculation sheet (in EXCEL format) which would help

the bidders to arrive at “Net Cash outflow to BHEL” considering various price / cost elements like Packing & forwarding charges, Taxes and Duties, Freight charges, Insurance, Service Tax for Services and loading factors (for non-compliance to BHEL standard Commercial terms & conditions) etc. for each of the bidders to enable them to arrive at “Net Cash outflow to BHEL” which is the amount the bidder would be bidding during the RA.

RA will be conducted on scheduled date & time and at the end of event, the lowest

bidder value will be known on the network.

The lowest bidder has to Fax the duly signed “Price Break-up” in prescribed format as provided on case-to-case basis to BHEL through Service provider within 24 hours of Auction without fail.

Any variation between the on-line bid value and the signed document will be

considered as sabotaging the tender process and will invite disqualification of vendor to conduct further business with BHEL, as per the prevailing procedure.

BHEL reserves the right to negotiate if need be, with the “L1” vendor of the Reverse

Auction 4.0 DEFINITIONS & OTHER TERMS Fixed price: Prices quoted by the bidder shall be fixed and not subject to any escalation whatsoever during the period of bid validity and execution of the Purchase Order. A bid submitted with an adjustable price will be treated as non-responsive and rejected. Prices shall be written in words and figures. In the event of difference, the price written in words shall be valid and binding. Bid currency: Indian bidders should submit the prices only in Indian Rupees. Foreign bidders may submit the bid in their home currency, which should be clearly indicated in the un-priced commercial bid as well as in the price bid. Taxes and Duties: All Taxes and Duties payable as extra to the quoted price should be specifically stated in offers along with CST & TIN No / Tariff No. etc., failing which BHEL will not be liable for payment of such Taxes and Duties. Our TIN No. 33243560005, TNGST No. 3560005, CST. No. 239383 Dt. 11-06-1991 & BHEL ECC No. AAACB4146PXM012, Assessment circle Tiruverumbur. Our I E Code: 0588138690. For services rendered by the foreign vendor in India (like Erection & Commission supervision etc.) Income Tax (IT) shall become payable by the Foreign vendor. Hence, Foreign bidders are requested to take care of the IT payment during submission of tender.


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If the foreign vendor possesses Indian PAN CARD (Permanent Account Number) Registration, the details of the same shall be furnished along with the Un-priced Bid cover (Part-II) with documentary evidences (PANCARD copy) for Income Tax purposes (concessions). Cenvat & VAT credit: (applicable for Indian Bidders only) the quotation must indicate Tariff item number and rate of Excise Duty applicable. The original Excise Duty Gate Pass will be required to be furnished in case Excise Duty is applicable. If the bidder is availing Cenvat credit for his input materials, the effect of proforma credit should be passed on to BHEL. Packing: The Supplier shall arrange for packing suitably in all respects considering the peculiarity of the material involved for normal safe transport by sea / air / rail / road and suitably protected against effect of tropical salt laden atmosphere in the event of shipment being delayed at ports. Salient points of HSE (Health Safety & Environment) that are to be considered while submission of offer are:

Consumption benchmarks related to output shall be provided wherever applicable for key input resources (energy/fuel/chemicals)

Competency requirements for operation, maintenance and calibration, if any, shall be communicated

If any hazardous chemicals as per MSIHC (Manufacturing, Storage and import of such Hazardous Chemicals) Rules 1989/94/2000 are used, the MSDS shall be provided along with On site & Off site emergency plan (as applicable)

The noise level at operator level shall be within 80 dBA OH&S (Occupational Health and Safety) control measures for safe working of

machine as applicable shall be specified. The machine / equipment shall be fitted with guard for rolling and moving parts and

shall comply with applicable OH&S legislations and Factories Act 1948 The supplier shall submit the layout drawing of operating controls, displays etc. Along

with operating instructions to enable ergonomics evaluation and approval. The recommended list of PPE (Personal Protective Equipment) for the equipment

shall be furnished. Alarm system (both visual and audible) and Automatic switch off of the equipment

shall be provided for any intrusion, overloading, short circuiting or any malfunctioning of the equipment.

Details of all hazardous / harmful substances discharged as by-products / wastes during operations of the machine / equipment, such as fumes, gases, dust particles, aerosols UV/IR (Ultra violet / infra red) radiations etc., shall be furnished along with their concentrations and their TLV, (Threshold Limit Value).

Appropriate pollution control measures shall be proposed to keep the emissions from the machinery / processes within the prescribed limit as stated in Environment Protection Rules 1986.

All furnaces, process units, DG sets, paint booths, shot blasting chambers, etc. shall be provided with stack(s) of sufficient height as per guidelines laid down in the Environment Protection Rules 1986.

Wherever industry specific standards are not available for control of pollutants, general emission standards shall be used.

Chemicals banned due to their negative impact on the environment shall not be used in the process.

Fuels with sulphur content less than 0.05% shall be proposed. Details regarding nature of waste generated and appropriate disposal practices

available shall be provided, along with the operation procedure of the plant / process.


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Hazardous chemicals and flammable substances shall be transported only through authorized transporters and all safety practices as laid down in applicable legislative requirements such as Central Motor Vehicle Rules, Manufacture, Storage and Import of Hazardous Chemical 1989, etc. shall be followed

Primary materials used in the equipment shall be specified and they shall be eco–friendly

Force Majeure clause: If at any time during the continuance of the contract the performance in whole or in part by either party of any obligations under the contract is prevented or delayed by reason, of any war, hostilities, acts of the public enemy, civil commotion, sabotage, fires, explosions, epidemics, quarantine, restrictions or acts of GOD (hereinafter referred to as events) and notice of happening of any such events is given by either party to other within twenty one days from the date of occurrence thereof then neither party shall by reason of such events be entitled to terminate the contract. If the performance in whole or part of any obligation under this contract is prevented or delayed by reason of occurrence of such events, then claims for extension of time shall be granted for period considered reasonable by the purchaser subject to prompt notification by the seller to the purchaser the particulars of the events, if required with supporting evidence. Any waiver of time in respect of partial instalment shall not be deemed to be a waiver of time in respect of remaining deliveries. Agency agreement from foreign suppliers for their Indian agents: Based on Ministry of Finance vide circular dated 31/01/1989 the following are compulsory:

Registration of Indian agents of a foreign supplier. Precise relationship between foreign suppliers and their Indian agents and

their mutual interest in the business, should be clearly spelt out. Any payment, which the agent receives in India or abroad, from the foreign

supplier, whether as a commission or as a general retainer fee, also needs to be brought on record and made explicit so as to ensure compliance to tax laws and to prevent leakage of foreign exchange.

All services to be rendered by the agent, whether of general nature or in relation to the particular contract, must be clearly stated by the foreign supplier and the Indian agent.

The amount of agency commission agreed to between the foreign principal and the Indian agent should be specifically disclosed and the agency commission will be paid in Indian Rupees only.

A copy of the Agency Agreement with the above details shall be provided. Short shipment / Warrantee replacement: In case of any short-shipment during initially supply, subsequently dispatched by the supplier or any warrantee replacement dispatched during the warrantee period shall be dispatched on “DDP – Delivered Duty Paid BHEL Stores” basis for foreign suppliers and “FOR BHEL Stores” basis for Indian suppliers. Inspection & Testing: All goods shall be subject to inspection by BHEL or its authorized representatives at supplier’s works or at BHEL Stores. The supplier will not charge for the facilities provided for inspection of goods. In case of machine tools, the machine would be inspected and proved at supplier’s works prior to dispatch. However, final inspection and acceptance of the machine will be carried after installation of the machine BHEL.


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5.0 GENERAL Tenders will have to be submitted by the Original Equipment Manufacturers only and the offered equipment shall be “New”. Offers for Re-built / Re-conditioned / Used equipments will not be accepted. Incomplete offers will not be considered for evaluation. Evaluation of offers shall be on “Net Cash Outflow to BHEL basis”. BHEL reserves its right to reject a tender due to unsatisfactory past performance in the execution of a contract at any of BHEL projects / Units. BHEL shall be at liberty to reject or accept any tender, part or in full, at their own discretion and any such action is not liable for any question or claim against BHEL. The correspondence exchanged against the tender between the bidder and BHEL through email are considered as valid document legally though it is not signed. It is treated as valid confirmations made on behalf of the respective company and very much comes under the legal ambit of the business transaction and hence it is binding on both the parties to the business. Any transaction / communication pertaining to the tender carried out by the bidder and BHEL round the clock irrespective of the office or business hours of the companies, are valid legally and binding on both the parties. This applies to the extent only in such cases where deadline time for transaction is not specifically declared by either or both the parties to the business.

In case Letter of Intent (LOI) is issued through email, the computer generated time and date of mail shall be construed as the official time and date of release of LOI. In as much as this date is within the last date of validity given by the bidder the LOI is said to have been issued within the validity period and shall be binding on both the parties to the business.

Bidders participating in the tender should declare in their technical bid that whether they have been black-listed / kept on hold for a specified period / given Business holiday for a specified period by any Public sector undertaking or Government departments. The reasons for such action with details and the current status of such hold shall be clearly furnished to BHEL. If no such details are mentioned in the offer then it will be construed that the subject bidder is not under any such hold. But at a later date if it comes to the notice of BHEL about any such hold under enforcement on the subject bidder, BHEL will have every right to reject the offer of such vendors at any point of time and also under any stage of the finalisation of the subject tender irrespective of the status of the subject bidder in that tender. Such bidders will not be permitted to participate in the further tender proceedings and will be communicated suitably. They will not be also considered for any ongoing enquiries even if participated till the hold is officially lifted and confirmed in writing.


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CONTRACT EXECUTION BANK GUARANTEE BOND This deed of guarantee made this ………… day of ………. 200. by the….………. Bank Ltd, (hereinafter referred to as “the Bank”) in favour of Bharat Heavy Electricals Limited, Tiruchirappalli having its registered Office at New Delhi with its Unit Office at Tiruchirappalli where as M/s………………… having its registered office at ………………… (hereafter called the “the Contractor”) have entered in to contract with Bharat Heavy Electricals Limited, Tiruchirappalli for the supply of ……………… vide Purchase Order No ……………… dated ……….. 1. We …………………….. Bank Ltd, do hereby undertake to pay to Bharat Heavy Electricals Limited, Tiruchirappalli an amount not exceeding Rs…………… against any loss or damage caused to or suffered or would be caused to or suffered by Bharat Heavy Electricals Limited, Tiruchirappalli by reason of any breach by the said Contractor of any of the terms or conditions contained in the said Purchase Order. 2. We, …………………….. Bank Ltd, do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from Bharat Heavy Electricals Limited, Tiruchirappalli stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by Bharat Heavy Electricals Limited, Tiruchirappalli by reason of any breach by the said Contractor of any of the terms or conditions contained in the said Purchase Order or by reason of the Contractor’s failure to perform the said Purchase Order. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs……….. 3. We, …………… Bank Ltd, further agree to the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Purchase Order and that it shall continue to be enforceable till all the dues of Bharat Heavy Electricals Limited, Tiruchirappalli under or by virtue of the said Purchase Order have been fully paid and its claims satisfied or discharged or till Bharat Heavy Electricals Limited, Tiruchirappalli certifies that the terms and conditions of the said Purchase Order have been fully and properly carried out by the said Contractor and accordingly discharges the guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the …………… we shall be discharged from all liability under this guarantee thereafter. But where such claim or demand has been preferred by the Company with the Bank before the expiry of the said date the claim shall be enforceable and Payable only by any one of the BHEL Consortium Banks in India (List is attached herewith) notwithstanding the fact that the said enforcement is effected after the said date For the purpose of this clause, any letter making demand on the Bank by Bharat Heavy Electricals Limited, Tiruchirappalli dispatched by Registered Post with Ack. Due or by Telegram or by any Electronic media addressed to the Bank (any one of the BHEL Consortium Banks as per list attached as selected by the vendor) shall be deemed to be the claim / demand in writing referred to above irrespective of the fact as to whether and when the said letter reaches the Bank, as also any letter containing the said demand or claim is lodged with the Bank personally. 4. We,.......................…….Bank Ltd, further agree with Bharat Heavy Electricals Limited, Tiruchirappalli that Bharat Heavy Electricals Limited, Tiruchirappalli shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Purchase Order or to extend time of performance by the said contractor from time to time or to postpone for any time or from time to time any of the powers exercisable by Bharat Heavy Electricals Limited, Tiruchirappalli


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against the said Contractor and to forbear or enforce any of the terms and conditions relating to the said Purchase Order and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor or for any forbearance, act or omission on the part of Bharat Heavy Electricals Limited, Tiruchirappalli or any indulgence by Bharat Heavy Electricals Limited, Tiruchirappalli to the said Contractor or by any such matter of thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us. 5. Any claim or dispute arising under the terms of this document shall only be enforced or settled in the Courts at Tiruchirappalli. We, ………… Bank Ltd, lastly undertake not to revoke this guarantee during its currency except with the previous consent of Bharat Heavy Electricals Limited, Tiruchirappalli in writing. In witness whereof we............... (indicate the name of Bank) have hereunto setout Bank Seal the.................. day ....................... month 200 The contact details of the Issuing Bank such as Email ID, Phone No. and Fax No. should be indicated in the CEBG. Also please note that the CEBG should be forwarded to us with the covering letter of the issuing Bank with signature and seal. 1) It should be typed in the Rs. 100 value of stamp paper. (2) It should be signed by TWO bank officials with Rubber stamp containing names & employee numbers of bank officials. (3) It should be submitted with bank covering letter with sign and seal of the bank official. Please note that issuance of the CEBG without meeting the above requirement will render the document invalid.


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PERFORMANCE BANK GUARANTEE BOND In accordance of M/s. Bharat Heavy Electricals Limited (A Government of India undertaking, a company incorporated under the Companies Act 1956 having its Registered Office at “BHEL House”, SIRI Fort, New Delhi 110 049) through its High Pressure Boiler Plant Division located at Tiruverumbur, Tiruchirappalli- 620014 (hereinafter called ‘the Company’) having entered into a contract with ………………………………………………….hereinafter called ‘the said Supplier and under the terms and conditions of the Purchase Order No.………………………. Dt …………………. Between BHEL, Tiruchy and as per the Purchase Order, the Supplier is to furnish a performance Bank guarantee for Rs. ……………………. for the due performance of the equipment to be supplied under the above referred Purchase Order and for the fulfilment of all the terms and conditions of the Purchase Order, We ………………….(indicate the name of the bank) (herein after referred to as the bank) at the request of ………………….. (Supplier) do here by undertake to pay the Company an amount not exceeding Rs………………….against any loss or damage caused to or suffered or would be caused to or suffered by the Company by reason of any breach by the said Supplier of any of the terms and conditions contained in the said Purchase Order. 2. We …………………….(indicate the name of the bank with full address), do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Company stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Company by reason of breach by the said Supplier of any of the terms and conditions contained in the said Purchase Order or by the reason of the Supplier’s ‘failure to perform’ the said Purchase Order. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs..................... 3. We undertake to pay unconditionally to the Company any money so demanded notwithstanding any dispute(s) raised by the Supplier in any suit, or proceedings pending before any Court or Tribunal or Arbitration or before any other authority relating thereto our liability under this present being absolute and unequivocal. The payment under this guarantee would not wait till the disputes have been decided by any Court or Tribunal or in the arbitration proceedings or by any other authority. The payment so made by us under this Bond shall be a valid discharge of liability for payment there under and the Supplier shall have no claim against us for making such payment. 4. We……………………….(indicate the name of Bank), further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Purchase Order and that it shall continue to be enforceable till all the dues of the Company under or by virtue of the said Purchase Order have been fully paid and its claims satisfied or discharged or till ................................ Office / Department / Division of the Company certify that the terms and conditions of the said Purchase Order have been fully and properly carried out by the said Supplier and accordingly discharge this guarantee.5. (i) Unless a demand or claim under this guarantee is made on us in writing on or before the ................... we shall be discharged from all the liability under this guarantee thereafter. But where such claim or demand has been preferred by the Company with the Bank before the expiry of the said date, the claim shall be enforceable and Payable only by any one of the BHEL Consortium Banks in India (List is attached herewith) notwithstanding the fact that the said enforcement is effected after the said date. (ii) For the purpose of this clause, any letter making demand on the Bank by BHEL dispatched by Registered Post with Ack. Due or by Telegram or by any Electronic media


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addressed to the Bank (any one of the BHEL Consortium Banks as per list attached as selected by the vendor) shall be deemed to be the claim / demand in writing referred to above irrespective of the fact as to whether and when the said letter reaches the Bank, as also any letter containing the said demand or claim is lodged with the Bank personally. 6. We ……………………..(indicate the name of Bank), further agree with the Company that the Company shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Purchase Order or to extend time of performance by the said Supplier from time to time or to postpone for any time or from time to time any of the powers exercisable by the Company against the said Supplier and to forbear or enforce any of the terms and conditions relating to the said Purchase Order and we shall not be relieved from our liability by any reason of any such variation or extension being granted to the said Supplier or for any forbearance, act or omission on the part of the Company or any indulgence by the Company to the said Supplier or by any such matter or thing whatsoever which under the law relating would, but for this provision, have effect of not so relieving us. 7. This guarantee will not be discharged due to the change in the constitution of the Bank or the Supplier. 8. It shall not be necessary for the Company to proceed against the Supplier before proceeding against the guarantor--Bank and the guarantee herein contained shall be enforceable against them notwithstanding any security, which the Company may have obtained or obtain from the Supplier shall, at the time when proceedings are taken against the guarantor hereunder be outstanding or unrealised. 9. Any claim or dispute arising under the terms of this document shall only be enforced or settled in the Courts at Tiruchirappalli. 10. The guarantor hereby declare that it has power to execute this guarantee and the executants has full powers to do so on its behalf under the proper authorities granted to him/them by the guarantor. 11. We …………………… (indicate the name of Bank) lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Company in writing. In witness whereof we............... (indicate the name of Bank) have hereunto setout Bank Seal the.................. day ....................... month 200 The contact details of the Issuing Bank such as Email ID, Phone No. And Fax No. Should be indicated in the PBG Also please note that the PBG should be forwarded to us with the covering letter of the issuing Bank with signature and seal. 1) It should be typed in the Rs. 100 value of stamp paper. (2) It should be signed by TWO bank officials with Rubber stamp containing names & employee numbers of bank officials. (3) It should be submitted with bank covering letter with sign and seal of the bank official. Please note that issuance of the PBG without meeting the above requirement will render the document invalid.


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The Bank Guarantee bonds (BG) are to be submitted on non-judicial stamp paper of Rs. 100/- and should be only from any one of the below mentioned Banks in India,

LIST OF CONSORTIUM BANKS IN INDIA (as on 15.12.2011)

List of Consortium Bank

Nationalised Bank Nationalised Bank

1 Allahabad bank 19 Vijaya Bank

2 Andhra bank Public Sector Banks

3 Bank of Baroda 20 IDBI

4 Canara Bank Foreign bank

5 Corporation bank 21 CITI Bank N.A

6 Central bank 22 Deutsche Bank AG

7 Indian Bank 23The Hongkong and Shanghai Banking Corporation Limited

8 Indian Oversea Bank 24 Standard Chartered Bank

9 Oriental bank of Commerce 25 The Royal Bank of Scotland N.V.

10 Punjab National Bank 26 J P Morgan

11 Punjab & Sindh Bank Private bank

12 State Bank of India 27 Axis Bank

13 State Bank of Hyderabad 28 The Federal Bank Limited

14 Syndicate Bank 29 HDFC

15 State Bank of Travancore 30 Kotak Mahindra Bank

16 UCO Bank 31 ICICI

17 Union Bank of India 32 Indusind Bank

18 United Bank of India 33 Yes Bank

1) It should be typed in the Rs. 100 value of stamp paper. (2) It should be signed by TWO bank officials with Rubber stamp containing names & employee numbers of bank officials. (3) It should be submitted with bank covering letter with sign and seal of the bank official.

(TENDER REQUIRING EMD, CEBG, PBG and CAPACITY DETAILS)

ENQUIRY TERMS & CONDITIONSVendor's

Confirmation

1.0 PRICE BID:Price Bid should contain the schedule of price particulars and to be co-related to the technical details provided in Part I. Techno-commercial bid alone without the Price Bid will be rejected. The prices contracted shall be firm till the execution of the contract in full and in all respects.

The bidder has to quote charges for ‘Supply’ and ‘Erection & Commissioning’ separately. The evaluation of tender shall be on the basis of "NET CASH OUTFLOW VALUE (total cost to BHEL). For evaluation, exchange rate (TT selling rate of State Bank of India) as on scheduled date of tender opening (Part - I in case of Two Part Bid) shall be considered.

2.0 CURRENCY OF PAYMENT:Foreign vendors to indicate the currency like Euro (€) / US$ / GBP / JY etc. in the confirmationcolumn.In case the foreign vendor sources some components from India for direct supply toBHEL, the payment for those components shall only be in Indian Rupees

3.0 VALIDITY:Validity of the offer should be 120 days from the date of tender opening. BHEL reserves the rightnot to consider offers fom vendors with validity less than 120 days from the date of tenderopening.

Accepted

4.0 EARNEST MONEY DEPOSIT (EMD):

In Order to ensure that the successful bidder / vendor does not refuse to execute the Order, afteraward of the same on him, each bidder / vendor will be required to furnish Earnest Money Deposit(EMD) along with their tender. EMD by the Tenderer will be forfeited as per Tender Documents if,after opening the tender, the Tenderer on his own makes variation in his earlier quoted rates orrevokes/change any other condition of his tender within the validity period.

EMD is to be submitted in cash (as permissible under Income Tax Act), Pay Order or DemandDraft only.In case of foreign bidders EMD amount shall be submitted through their Indian agent orthrough e-payment (as per the details given below).

Foreign Bidders can remit their EMD amount through SWIFT to BHEL Bank Account and thecopy of the SWIFT CONFIRMATION MESSAGE shall be submitted in Part – I sealed envelope.BHEL Bank Details:BENEFICIARY: BHELACCOUNT NO: 10891588977SWIFT: SBININBB190BANK: STATE BANK OF INDIABRANCH: HE / KAILASAPURAMPLACE: TRICHIRAPPALLI, INDIA

4.1 RETURNING OF EMD:

EMD given by all unsuccessful Tenderer shall be refunded on award of LOI/PO on successfulTenderer. The EMD of successful bidder shall be returned after submission of CEBG.EMD shall not carry any interest.

Accepted

BHARAT HEAVY ELECTRICALS LIMITED, TIRUCHIRAPALLI CHECK LIST NO: SSTP/IMP/01

CAPITAL EQUIPMENT /MATERIALS MANAGEMENT

Accepted

Accepted

PART I of Tender: EMD/SWIFT message Copy + Technical Bid + Unpriced Bid + this check list

(This should be essentially filled in and sent along with the techno-commercial offer without fail. If this check list isnot filled and submitted along with techno-commercial offer (Part I) or if the vendor does not confirm acceptanceto the terms and conditions proposed, the offer is liable for rejection)

Description of the Equipment: Tube Layer Cutting SawBHEL Tender No. & Date: 2711300004 dated 09.01.2013

CHECK LIST FOR ACCEPTANCE OF COMMERCIAL TERMS AND CONDITIONS BY FOREIGN VENDORS

PART II of Tender: Price Bid

Page 1 of 6

4.2 The EMD amount for this Tender will be ( INR ) : 2,00,0005.0 RELEASE OF PURCHASE ORDER:

Purchase Orders will be released separately for supply and service portion on the successfulvendor.

Accepted

6.0 PAYMENT TERMS:For SUPPLY P.O.Where the payments are through L/C (LC opening charges will be loaded while comparing theoffers), Payment of Supply value shall be 80% on dispatch and 20% on issue of E&C Certificate.Payment of E&C value shall be made against Final Minutes of Meeting for E&C issued by BHEL.Final Minutes of Meeting for E&C shall be issued on satisfactory completion of erection,commissioning, job proving, performance tests, training to operators etc as envisaged in PO. TheL/C shall be opened as per following:

An Irrevocable Unconfirmed L/C will be opened for 80% of the payment towards supply, due forshipment , only if the following conditions are met with:

i. After receipt of CEBG (as detailed under CEBG clause)ii. Not earlier than 60 days before the shipment date,iii. Only after BHEL receiving the Pre-dispatch Inspection call / intimation of readiness of theordered items,from the supplier, The above L/C can be negotiated after shipment against submission of B/L or AWB and otherdocuments as mentioned in the Purchase Order. The above L/C will be valid for a maximumperiod extending 21 days beyond the shipment date for negotiation of documents based on thetransit time required.

For BALANCE OF SUPPLY P.O. & SERVICE P.O.15 days prior to the scheduled & confirmed arrival of the technicians of Supplier with their names,an irrevocable unconfirmed L/C will be opened for a value equal to 20% of the Supply value of POand another LC for 100% of the E&C value of PO. The validity of L/C would be sufficient to coverthe period required for the completion of E&C .

This L/C can be negotiated after completion of E&C of the equipment in BHEL and A) Submissionof Final Minutes of Meeting for E&C, jointly signed by BHEL and Supplier and (b) Submission ofPerformance Bank Guarantee (PBG) by Supplier.

6.1 Bank Guarantee and Loading against non acceptance of BHEL’s Payment Terms:If any Bidder requires a payment exceeding 80% of the PO value, such bidder have to submitAdvance Bank Guarantee (ABG) in the prescribed Format for the amount over and above 80%but restricted to 90% of the PO value, along with the invoice / despatch documents. This ABGshall be valid up to the date of Final Minutes of Meeting for E&C for the equipment.

Additionally, for any deviation sought including as mentioned above, in Payment Terms by bidderw.r.t. tender conditions, the following loading pattern shall be followed:Benchmark Prime Lending Rate (BPLR) of SBI as applicable on the scheduled date oftender opening + 2%, for the amount & period of relaxation sought by bidder.

Accepted

7.0 Value for Erection & Commissioning at BHEL:Erection & Commissioning (E&C) value will include services to be rendered at BHEL like erection,commissioning, job proving, training to operators, supervising foundation work etc. (to be togethercalled as E&C). E&C is in the scope of supplier, and hence the E&C value should be quotedseparately.

E&C value should be quoted separately by Bidders. Only in case where quoted value is less thanthe minimum value indicated below or separate E&C values are not mentioned in the offer, valuefor E&C portion shall be deemed to be considered as the value indicated below and accordinglysupply value will be adjusted from that quoted value and the balance will be released as E&Cpayment . The bidder, however, can choose to quote the E&C value higher than the belowmentioned minimum E&C value (%) and suitably apportion the supply value.

COST OF ERECTION & COMMISSIONING PORTION QUOTED BY VENDOR (%) - ( Should be equal to or more than 5% )

8.0 Taxes & Duties:All Taxes, Duties etc. as required to be paid in the country of export shall be included in the pricequoted by the foreign vendor. All duties (like customs duty etc.) payable in India will be paid byBHEL (however, the same would be loaded to the offer during the evaluation process). For thesupplies made from India taxes & duties payable shall be clearly mentioned in the offer, failingwhich such taxes and duties shall have to be borne by the vendor.

Accepted

Accepted

Page 2 of 6

9.0 Income Tax applicable.

Any service charges payable towards supervision of E&C, training, performance prove-out etc.,will be released after deduction of Income Tax as per Indian Income Tax Act / as per the Govt. ofIndia rules and TDS certificate will be issued by BHEL for such deductions. The TDS certificatewill be issued after 3 months from the date of E&C payment.

Accepted

9.1 Details of valid Indian PERMANENT ACCOUNT NUMBER (PAN) of the company, if registeredmay be provided in the space given below:(in addition a copy of the PAN CARD shall be attached along with Part I Techno Commercial bid)

10.0 Delivery terms, delivery period required and evaluation process:10.1 Delivery terms: CFR Chennai Seaport / Airport - Incoterms 2010 Accepted

Basis of Delivery Terms : Price break-up details like FOB price, ocean freight/air freight etc., should be indicated in the offer.The transfer of title of the goods supplied by the vendor takes place in line with INCOTERMS2010.

Accepted

10.2 Delivery period: The equipment enquired forms a part of an expansion program (Scheme) andthe delivery period mentioned below has been derived keeping in view of the Scheme completiondate. Vendor shall comply with this required period.

Bidder should quote time period separately for ‘Supply’ and ‘E&C’ of equipment. (a) Supply period :– For Supply portion, duration shall be counted from the date of PurchaseOrder. Vendors are required to indicate the best delivery period i.e., time period required fordispatch (B/L or AWB date) from the date of Purchase Order in the “Vendor’s confirmation” below.Order acceptance, submission of CEBG, drawings etc., should not be linked to the delivery period.

Accepted

DELIVERY PERIOD (in months) REQUIRED BY BHEL (SUPPLY PORTION) 10 monthsDELIVERY PERIOD (in months) OFFERED BY VENDOR (SUPPLY PORTION)(b) E&C period :– Duration shall be counted from the date of intimation by BHEL to vendor fordeputation of their Engineers for E&C.E & C PERIOD (in months) OFFERED BY VENDOR (E & C PORTION)However, while evaluating the offers, those offers which are not conforming the requesteddelivery period, COMMERCIAL LOADING @ ½% of the purchase order value per week will bedone for the EXTRA PERIOD requested. For evaluation purpose 4 weeks will be considered asone month. Commercial loading on the offered price will be done during evaluation of the offers

Accepted

BHEL reserves the right to accept an offer not meeting the NIT delivery.However based on the scheme requirement, the Technically Suitable offerers would berequested to reduce their offered delivery schedule and in case if it is not meeting BHELrequirement or maximum limit considered by the Technical Committee, the offer maybecome liable for rejection.

Accepted

11.0 CONTRACT EXECUTION BANK GUARANTEE (CEBG):The successful vendor shall have to furnish a Contract Execution Bank Guarantee (CEBG) for10% of the Total PO value (Supply + E&C) in the format enclosed within 30 days from the date ofPO but before L/C opening. If the supplier fails to submit the CEBG within 60 days from the date of PO, BHEL reserves theright to cancel PO and forfeit the EMD given by the supplier. Additionally, in such case, action willbe initiated in line with extant guidelines for Suspension of Business dealings with Suppliers.Validity of CEBG shall be till the completion of Erection & Commissioning of equipment includingjob proving, performance tests etc. i.e. issue of Final Minutes of Meeting for E&C by BHEL, asprescribed in PO with additional 2 months as claim period.CEBG shall be kept valid till the PBG becomes operational. i.e. up to 30 days after the dateof Final Minutes of Meeting for E&C issued by BHEL Validity of CEBG = Delivery period + Transit time of 2 months + Commissioning 3 months +1 month (for arranging PBG) + 2 months for claim period

12.0 PERFORMANCE BANK GUARANTEE (PBG):The vendor shall submit a Performance Bank Guarantee (PBG) for 10% of the Purchase Ordervalue in the format enclosed covering the agreed Guarantee period (with additional 2 months asclaim period).

Accepted

Accepted

Page 3 of 6

The Bank Guarantees (CEBG & PBG) shall be issued exactly as per the BHEL Formatattached with this Tender (without any deviation) by any one of the Consortium Banks ofBHEL (List Enclosed) or from a reputed Bank and confirmed by any Consortium Bank ofBHEL.All bank charges incurred in India and outside India on account of issuance of CEBG and PBG willhave to be borne by the foreign vendor.1) It should be typed in the INR 100 value of stamp paper.

(2) It should be signed by TWO bank officials with Rubber stamp containing names &employee numbers of bank officials.

(3) It should be submitted with bank covering letter with sign and seal of the bank official.

Offers from vendors not accepting to submit CEBG and PBG are liable for rejection.

13.0 LIQUIDATED DAMAGES (LD):a) LD for delay in ‘Supply’ and/or ‘E&C’ will be applicable to the delays attributed to vendor. LD willbe considered separately for ‘Delivery’ and ‘E&C’. The rate of LD for delayed Supply shall be @ 0.5% per week of delay of total PO value (Supply +E&C) in supply subject to a maximum of 10% of total PO value (Supply + E&C).The rate of LD for delayed E&C shall be @ 0.5% per week of delay of total PO value (Supply +E&C) in E&C subject to a maximum of 10% of total PO value (Supply + E&C).Maximum LD for delay in Supply and E&C together shall be limited to 15% of total PO value(Supply + E&C).

In case PO includes more than one machine, the LD will be levied @ 0.5% per week of delay onPO value (Supply + E&C) for each individual machine.b) For the purpose of LD for delay E&C of the equipment the duration will be reckoned from thedate of intimation by BHEL to vendor for readiness of site.c) Loading on account of non-acceptance of LD for delayed Supply and/or E&C shall be as under: In case any bidder is not accepting the above LD for delayed Supply and/or E&C, the offer ofbidder shall be loaded to the extent to which it is not agreed by the bidder.

d) Supply period indicated by bidder should include reasonable time required for approval ofdrawings and other inputs from BHEL. In the Techno-Commercial Bid, the bidder shall submitmilestones for various activities in co-relation with Supply and E&C period quoted by him.

For the purpose of levying LD , the date of shipment (BL /AWB date) will be considered.Loading Factor for non-acceptance of LD clause for delayed Supply and/or E&C: In case any bidder is not accepting the above LD clause for delayed Supply and/or E&C,the offer of bidder shall be loaded to the extent to which it is not agreed by the bidder .

14.0 SHORT SUPPLY / WARRANTY REPLACEMENT:In case, any shortage is noticed vis-a-vis PO requirement in the main equipment / spares, suchshortages shall be replenished by supplier on DDP - Incoterms 2010 basis without any costimplication to BHEL i.e. Custom Duty and freight charges etc. up to destination for such shortsupplies shall be borne by the supplier. Warranty Replacements during Guarantee period at supplier's cost on DDP - Incoterms 2010basis .

Accepted

15.0 RISK PURCHASE: If the supplier fails to deliver the goods within the delivery specified in the Purchase Order, BHELwill be entitled to terminate the contract and to purchase elsewhere at the risk and cost of thesupplier either the whole of the goods or any part which the supplier has failed to deliver ordispatch within the delivery period mentioned in the Purchase Order. BHEL reserves the right not to consider offers from vendors not accepting the above RiskPurchase terms.

Accepted

16.0 GUARANTEE:Vendors shall provide a guarantee for 12 months from the date of commissioning of theequipment or 18 months from the date of supply, whichever is earlier. The date of B/L or AWBshall be taken as the date of supply. Offers from vendors not accepting to the requested guarantee period are liable forrejection.

Accepted

17.0 DETAILS ON CAPACITY /SUPPLY AND E&C- PERFORMANCE OF THE VENDOR:

Accepted

Accepted

Page 4 of 6

The following details shall be filled by the vendor in the Annexure (attached with this tender) andsubmitted along with Technical Bid (Part-I) : (a) Capacity details in Part (A) are about the Manufacturing Capacity (Major Machine:category-wise & number-wise), No. of Machines supplied during last 5 years, Outstanding Order Bookposition, Liquidation Plan of all machines including BHEL machines under consideration forordering. Wherever possible, efforts are to be made to contact some of the references of pastsupplies given.(b) The Performance details of supplies to BHEL will be sought in Part (B) for the POs placed byBHEL which can be verified; hence submission of these information by vendors is mandatory.BHEL will reserve the right to reject the offer, if past performance of the bidder is evaluated to beunsatisfactory and / or false information is given by the bidder.

Accepted to submit

The actual / likely Supply and E&C period vis-à-vis scheduled Supply and E&C period (delay forreasons attributable to vendor only to be considered) shall be considered for all the machinesagainst the POs placed by BHEL during last 5 years (limited to 5 latest executed POs) and all POsoverdue for Supply and/or E&C.

Accepted

For purpose of calculation of Delivery Index in case of overdue POs, the delay period for Supplyand/or E&C will be reckoned from the date of bid opening of the tender under evaluation. In caseof two part bid, part-I (i.e Techno-Commercial Bid) shall be considered as date of bid opening. Early Supply and/or E&C vis-à-vis scheduled dates will not be entitled for any consideration forcalculation of Delivery Index.Delay in E&C shall be applicable only in such cases where E&C period has been mentioned in thePO.

Accepted

In case a PO includes more than one machine, then all the machines of the PO shall beconsidered for calculation of Delivery Index.

(v) Illustration for calculation of Delivery Index:

n (∆Xi + ∆Yi) Delivery Index = ∑ --------------- n i = 1 (Xi + Yi)

i = No. of Machines; Where, i = 1....... to n (n = no. of m/cs.)Xi = Scheduled Delivery (no. of days)∆Xi = Supply delay (no. of days)Yi = Scheduled E&C (no. of days)∆Yi = E&C delay (no. of days)

Accepted

If DELIVERY INDEX of any bidder is ≥ 0.20, then the particular offer shall become liable forrejection. However, BHEL reserves the right to accept offers with DELIVERY INDEX ≥ 0.20 againstjustified reasons.

Accepted

18.0 REVERSE AUCTION (RA):

BHEL reserves their right to conduct on-line internet Reverse Auction for finalizing the Tender.This decision will be communicated to the technically qualified vendors after technical evaluation.Details / General terms / guidelines for conduct of RA have been given in the ‘General guidelines& instructions to bidders’ enclosed as a part of NIT. Vendors are requested to confirm theiracceptance for BHEL proceeding with RA route for finalization of the enquiry. BHEL reserves the right not to consider offers from vendors not accepting to the RAprocess for finalization of the enquiry.

Accepted

19.0 AGENCY COMMISSIONVendors to specify the percentage agency commission payable to their Indian Agent in the vendorconfirmation space given below. If agency commission is not applicable, vendor shall state thatclearly in the space given below.

AGENCY COMMISSION : APPLICABLE ( ____ %) / NOT APPLICABLE

Particulars of Indian Agent (a copy of Agency agreement shall be enclosed. The CFR pricesquoted shall include the agency commission) :

Page 5 of 6

20.0 CONTACTS:Details of contact person’s name, designation, department with complete postal and emailaddress along with phone and fax numbers to be mentionedName:

Designation:

Email ID:

Phone No.:

Mobile No.

Fax No.:

Address:

Country of origin:

Port of loading:

Free Period for Container shipments:Vendors should indicate the mode of shipment Viz. break-bulk basis or container basis. Vendorsshould ensure that shipping lines carrying their cargo will allow a minimum free period of 14 daysfrom the date of berthing of the vessel for clearing the consignment at the discharge port in caseshipments are made using containers.

Accepted

Weight & Cubage of package:

Approximate Net weight of the total consignment:

Approximate Gross weight of the total consignment:

Approximate volume of the total consignment:

The vendor to provide Business Information Report (BIR) incorporating the rating of the companyby international credit rating agencies, viz., DUNS number of M/s DUN & Bradstreet (D&B) etc.

We have gone through and understood the ‘General guidelines & instructions to biddersfor submitting offer’ enclosed as a part of the NIT and confirm that our offer has been madein line with the same and the confirmations given in the above checklist supercede anyother standard information provided in our quotation.

Signature with date: (AFFIX OFFICIAL SEAL HERE)Name:

(PLEASE AFFIX YOUR SIGNATURE WITH SEAL ON EACH PAGE)

Page 6 of 6

(TENDER REQUIRING EMD, CEBG, PBG and CAPACITY DETAILS)

ENQUIRY TERMS & CONDITIONSVendor's

Confirmation

1.0 PRICE BID:Price Bid should contain the schedule of price particulars and to be co-related to the technical details provided in Part II. Techno-commercial bid alone without the Price Bid will be rejected. The prices contracted shall be firm till the execution of the contract in full and in all respects.

The bidder has to quote charges for ‘Supply’ and ‘Erection & Commissioning’ separately. Theevaluation of tender shall be on the basis of "NET CASH OUTFLOW VALUE (total cost to BHEL).

2.0 VALIDITY:Validity of the offer should be 120 days from the date of tender opening. BHEL reserves the right notto consider offers fom vendors with validity less than 120 days from the date of tender opening. Accepted

3.0 EARNEST MONEY DEPOSIT (EMD):

In Order to ensure that the successful bidder / vendor does not refuse to execute the Order, afteraward of the same on him, each bidder / vendor will be required to furnish Earnest Money Deposit(EMD) along with their tender. EMD by the Tenderer will be forfeited as per Tender Documents if,after opening the tender, the Tenderer on his own makes variation in his earlier quoted rates orrevokes/change any other condition of his tender within the validity period.

EMD is to be submitted in cash (as permissible under Income Tax Act), Pay Order or Demand Draftonly.

3.1 RETURNING OF EMD:

EMD given by all unsuccessful Tenderer shall be refunded on award of LOI/PO on successfulTenderer. The EMD of successful bidder shall be returned after submission of CEBG.EMD shall not carry any interest.

Accepted

3.2 The EMD amount for this Tender will be ( INR ) : 2,00,0004.0 RELEASE OF PURCHASE ORDER:

Purchase Orders will be released separately for supply and service portion on the successfulvendor.

Accepted

5.0 PAYMENT TERMS:For SUPPLY P.O.:80% payment of Supply P.O. value shall be made within 45 days from the date of receipt of materialat BHEL. For BALANCE OF SUPPLY P.O. & SERVICE P.O.Balance 20% of Supply value plus 100% of the E&C portion of PO value will be paid against FinalMinutes of Meeting for E&C, jointly signed by BHEL and Supplier and submission of PerformanceBank Guarantee (PBG)

5.1 Bank Guarantee and Loading against non acceptance of BHEL’s Payment Terms:

Accepted

Accepted

PART II of Tender: Price Bid

CHECK LIST NO: SSTP/IND/01

Description of the Equipment: Tube Layer Cutting SawBHEL Tender No. & Date: 2711300004 dated 09.01.2013

CHECK LIST FOR ACCEPTANCE OF COMMERCIAL TERMS AND CONDITIONS BY INDIGENOUS VENDORS

BHARAT HEAVY ELECTRICALS LIMITED, TIRUCHIRAPALLI

PART I of Tender: EMD/SWIFT message Copy + Technical Bid + Unpriced Bid + this check list

CAPITAL EQUIPMENT /MATERIALS MANAGEMENT

(This should be essentially filled in and sent along with the techno-commercial offer without fail. If this check list isnot filled and submitted along with techno-commercial offer (Part I) or if the vendor does not confirm acceptance tothe terms and conditions proposed, the offer is liable for rejection)

Page 1 of 5

If any Bidder requires a payment exceeding 80% of the PO value, such bidder have to submitAdvance Bank Guarantee (ABG) in the prescribed Format for the amount over and above 80% butrestricted to 90% of the PO value, along with the invoice / despatch documents. This ABG shall bevalid up to the date of Final Minutes of Meeting for E&C for the equipment.

Additionally, for any deviation sought including as mentioned above, in Payment Terms by bidderw.r.t. tender conditions, the following loading pattern shall be followed:Benchmark Prime Lending Rate (BPLR) of SBI as applicable on the scheduled date of tenderopening + 2%, for the amount & period of relaxation sought by bidder.

Accepted

6.0 Value for Erection & Commissioning at BHEL:Erection & Commissioning (E&C) value will include services to be rendered at BHEL like erection,commissioning, job proving, training to operators, supervising foundation work etc. (to be togethercalled as E&C). E&C is in the scope of supplier, and hence the E&C value should be quotedseparately.

Accepted

E&C value should be quoted separately by Bidders. Only in case where quoted value is less than theminimum value indicated below or separate E&C values are not mentioned in the offer, value forE&C portion shall be deemed to be considered as the value indicated below and accordingly supplyvalue will be adjusted from that quoted value and the balance will be released as E&C payment .The bidder, however, can choose to quote the E&C value higher than the below mentionedminimum E&C value (%) and suitably apportion the supply value.

Accepted

COST OF ERECTION & COMMISSIONING PORTION QUOTED BY VENDOR (%) - ( Should be equal to or more than 5% )

7.0 Taxes & Duties:All Taxes, Duties, Service Taxes etc. payable as extra to the quoted price should be specificallystated in offers along with CST & TIN No / Tariff No. etc., failing which BHEL will not be liable forpayment of such Taxes and Duties. Our TIN No. 33243560005, TNGST No. 3560005, CST. No.239383 Dt. 11-06-1991 & BHEL ECC No. AAACB4146PXM012, Assessment circle TiruveramburIn case taxes and duties are indicated as inclusive in the quoted prices, it will be reimbursed onlyupon furnishing the documentary evidence for having paid such taxes and duties. Any difference intaxes (on account of reduction in the levies) between what has been paid by BHEL to the vendor(based on what has been indicated in the Purchase Order) and actually paid by vendor should bepassed on to BHEL.

Accepted

8.0 Delivery terms, Delivery period required and evaluation process:8.1 Delivery terms: FOR BHEL, SSTP, Trichy Accepted

Basis of Delivery Terms : Price break-up details like Basic price, P&F,Taxes & Duties, Freight and Insurance etc., should beindicated in the offer. Accepted

8.2 Delivery period: The equipment enquired forms a part of an expansion program (Scheme) and thedelivery period mentioned below has been derived keeping in view of the Scheme completion date.Vendor shall comply with this required period.Bidder should quote time period separately for ‘Supply’ and ‘E&C’ of equipment. (a) Supply period :– For Supply portion, duration shall be counted from the date of Purchase Order.Vendors are required to indicate the best delivery period i.e., time period required for dispatch (LWBdate) from the date of Purchase Order in the “Vendor’s confirmation” below. Order acceptance,submission of CEBG, drawings etc., should not be linked to the delivery period.

Accepted

DELIVERY PERIOD (in months) REQUIRED BY BHEL (SUPPLY PORTION) 10 monthsDELIVERY PERIOD (in months) OFFERED BY VENDOR (SUPPLY PORTION)(b) E&C period :– Duration shall be counted from the date of intimation by BHEL to vendor fordeputation of their Engineers for E&C.E & C PERIOD (in months) OFFERED BY VENDOR (E & C PORTION)However, while evaluating the offers, those offers which are not conforming the requested deliveryperiod, COMMERCIAL LOADING @ ½% of the purchase order value per week will be done for theEXTRA PERIOD requested. For evaluation purpose 4 weeks will be considered as one month.Commercial loading on the offered price will be done during evaluation of the offers

Accepted

Page 2 of 5

BHEL reserves the right to accept an offer not meeting the NIT delivery.However based on the scheme requirement, the Technically Suitable offerers would berequested to reduce their offered delivery schedule and in case if it is not meeting BHELrequirement or maximum limit considered by the Technical Committee, the offer may becomeliable for rejection.

Accepted

9.0 CONTRACT EXECUTION BANK GUARANTEE (CEBG):The successful vendor shall have to furnish a Contract Execution Bank Guarantee (CEBG) for 10%of the Total PO value (Supply + E&C) in the format enclosed within 30 days from the date of PO butbefore L/C opening. If the supplier fails to submit the CEBG within 60 days from the date of PO, BHEL reserves the rightto cancel PO and forfeit the EMD given by the supplier. Additionally, in such case, action will beinitiated in line with extant guidelines for Suspension of Business dealings with Suppliers. Validity ofCEBG shall be till the completion of Erection & Commissioning of equipment including job proving,performance tests etc. i.e. issue of Final Minutes of Meeting for E&C by BHEL, as prescribed in POwith additional 2 months as claim period.

CEBG shall be kept valid till the PBG becomes operational. i.e. up to 30 days after the date ofFinal Minutes of Meeting for E&Cissued by BHEL

Validity of CEBG = Delivery period + Transit time of 1 month + Commissioning 3 months + 1month (for arranging PBG) + 2 months for claim period

10.0 PERFORMANCE BANK GUARANTEE (PBG):The vendor shall submit a Performance Bank Guarantee (PBG) for 10% of the Purchase Ordervalue in the format enclosed covering the agreed Guarantee period (with additional 2 months asclaim period).

Accepted

The Bank Guarantees (CEBG & PBG) shall be issued exactly as per the BHEL Formatattached with this Tender (without any deviation) by any one of the Consortium Banks ofBHEL (List Enclosed) or from a reputed Bank and confirmed by any Consortium Bank ofBHEL.All bank charges incurred on account of issuance of CEBG and PBG will have to be borne by thevendor.1) It should be typed in the INR 100 value of stamp paper.

(2) It should be signed by TWO bank officials with Rubber stamp containing names &employee numbers of bank officials.

(3) It should be submitted with bank covering letter with sign and seal of the bank official.

Offers from vendors not accepting to submit CEBG and PBG are liable for rejection.

11.0 LIQUIDATED DAMAGES (LD):a) LD for delay in ‘Supply’ and/or ‘E&C’ will be applicable to the delays attributed to vendor. LD willbe considered separately for ‘Delivery’ and ‘E&C’. The rate of LD for delayed Supply shall be @ 0.5% per week of delay of total PO value (Supply +E&C) in supply subject to a maximum of 10% of total PO value (Supply + E&C).The rate of LD for delayed E&C shall be @ 0.5% per week of delay of total PO value (Supply + E&C)in E&C subject to a maximum of 10% of total PO value (Supply + E&C).

Maximum LD for delay in Supply and E&C together shall be limited to 15% of total PO value(Supply + E&C).

In case PO includes more than one machine, the LD will be levied @ 0.5% per week of delay on POvalue (Supply + E&C) for each individual machine.b) For the purpose of LD for delay E&C of the equipment the duration will be reckoned from thedate of intimation by BHEL to vendor for readiness of site.c) Loading on account of non-acceptance of LD for delayed Supply and/or E&C shall be as under: In case any bidder is not accepting the above LD for delayed Supply and/or E&C, the offer of biddershall be loaded to the extent to which it is not agreed by the bidder.

d) Supply period indicated by bidder should include reasonable time required for approval ofdrawings and other inputs from BHEL. In the Techno-Commercial Bid, the bidder shall submitmilestones for various activities in co-relation with Supply and E&C period quoted by him.

For the purpose of levying LD , the date of shipment (LWB date) will be considered.Loading Factor for non-acceptance of LD clause for delayed Supply and/or E&C: In case any bidder is not accepting the above LD clause for delayed Supply and/or E&C, theoffer of bidder shall be loaded to the extent to which it is not agreed by the bidder .

12.0 SHORT SUPPLY / WARRANTY REPLACEMENT:

Accepted

Accepted

Accepted

Page 3 of 5

In case, any shortage is noticed vis-a-vis PO requirement in the main equipment / spares, suchshortages shall be replenished by supplier on FOR destination basis without any cost implication toBHEL for such short supplies shall be borne by the supplier. Warranty Replacements during Guarantee period at supplier's cost on FOR BHEL Works basis.

Accepted

13.0 RISK PURCHASE: If the supplier fails to deliver the goods within the delivery specified in the Purchase Order, BHEL willbe entitled to terminate the contract and to purchase elsewhere at the risk and cost of the suppliereither the whole of the goods or any part which the supplier has failed to deliver or dispatch withinthe delivery period mentioned in the Purchase Order. BHEL reserves the right not to consider offers from vendors not accepting the above RiskPurchase terms.

Accepted

14.0 GUARANTEE:Vendors shall provide a guarantee for 12 months from the date of commissioning of the equipmentor 18 months from the date of supply, whichever is earlier. The date of LWB shall be taken as thedate of supply. Offers from vendors not accepting to the requested guarantee period are liable for rejection.

Accepted

15.0 DETAILS ON CAPACITY /SUPPLY AND E&C- PERFORMANCE OF THE VENDOR:

The following details shall be filled by the vendor in the Annexure (attached with this tender) andsubmitted along with Technical Bid (Part-I) : (a) Capacity details in Part (A) are about the Manufacturing Capacity (Major Machine:category-wise& number-wise), No. of Machines supplied during last 5 years, Outstanding Order Book position,Liquidation Plan of all machines including BHEL machines under consideration for ordering.Wherever possible, efforts are to be made to contact some of the references of past supplies given.(b) The Performance details of supplies to BHEL will be sought in Part (B) for the POs placed byBHEL which can be verified; hence submission of these information by vendors is mandatory. BHELwill reserve the right to reject the offer, if past performance of the bidder is evaluated to beunsatisfactory and / or false information is given by the bidder.

Accepted to Submit

The actual / likely Supply and E&C period vis-à-vis scheduled Supply and E&C period (delay forreasons attributable to vendor only to be considered) shall be considered for all the machinesagainst the POs placed by BHEL during last 5 years (limited to 5 latest executed POs) and all POsoverdue for Supply and/or E&C.

Accepted

For purpose of calculation of Delivery Index in case of overdue POs, the delay period for Supplyand/or E&C will be reckoned from the date of bid opening of the tender under evaluation. In case oftwo part bid, part-I (i.e Techno-Commercial Bid) shall be considered as date of bid opening. Early Supply and/or E&C vis-à-vis scheduled dates will not be entitled for any consideration forcalculation of Delivery Index.Delay in E&C shall be applicable only in such cases where E&C period has been mentioned in thePO.

Accepted

In case a PO includes more than one machine, then all the machines of the PO shall be consideredfor calculation of Delivery Index.

(v) Illustration for calculation of Delivery Index:

n (∆Xi + ∆Yi) Delivery Index = ∑ --------------- n i = 1 (Xi + Yi)

i = No. of Machines; Where, i = 1....... to n (n = no. of m/cs.)Xi = Scheduled Delivery (no. of days)∆Xi = Supply delay (no. of days)Yi = Scheduled E&C (no. of days)∆Yi = E&C delay (no. of days)

Accepted

If DELIVERY INDEX of any bidder is ≥ 0.20, then the particular offer shall become liable forrejection. However, BHEL reserves the right to accept offers with DELIVERY INDEX ≥ 0.20 againstjustified reasons.

Accepted

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16.0 REVERSE AUCTION (RA):

BHEL reserves their right to conduct on-line internet Reverse Auction for finalizing the Tender. Thisdecision will be communicated to the technically qualified vendors after technical evaluation. Details/ General terms / guidelines for conduct of RA have been given in the ‘General guidelines &instructions to bidders’ enclosed as a part of NIT. Vendors are requested to confirm their acceptancefor BHEL proceeding with RA route for finalization of the enquiry. BHEL reserves the right not to consider offers from vendors not accepting to the RA processfor finalization of the enquiry.

Accepted

17.0 CONTACTS:Details of contact person’s name, designation, department with complete postal and email addressalong with phone and fax numbers to be mentionedName:

Designation:

Email ID:

Phone No.:

Mobile No.

Fax No.:

Address:

Weight & Cubage of package:

Approximate Net weight of the total consignment:

Approximate Gross weight of the total consignment:

Approximate volume of the total consignment:

The vendor to provide Business Information Report (BIR) incorporating the rating of the company byinternational credit rating agencies, viz., DUNS number of M/s DUN & Bradstreet (D&B) etc.

We have gone through and understood the ‘General guidelines & instructions to bidders forsubmitting offer’ enclosed as a part of the NIT and confirm that our offer has been made inline with the same and the confirmations given in the above checklist supercede any otherstandard information provided in our quotation.

Signature with date: (AFFIX OFFICIAL SEAL HERE)Name:

(PLEASE AFFIX YOUR SIGNATURE WITH SEAL ON EACH PAGE)

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Enquiry No. & Date:

Description of the item(s) Enquired:

1

2

Delivery Terms -

F.O.R. BHEL, Trichy /Tirumayam

(to be necessarily accepted)

ACCEPTED

3 Packing & Forwarding Charges Lumpsum Extra Free/ Not charged

4 Excise Duty %__________%

Nil ED

5 CST % __________%

(against Form "C")

__________%

(without Form "C")

6 VAT % __________%

(against Declaration)

__________%

(for No Declaration)

7Freight Charges

(for total Quantity)Lumpsum Extra Free/ Not charged

8Service Tax on Freight charges

(BHEL can avail Cenvat Credit)%

2.575%

(against submission of

Freight Bill )

10.3%

( if Freight Bill is not

submitted)

9 Insurance Charges Lumpsum Extra Free/ Not charged

10Erection & Commissioning (E&C) /

Supervision of E&C chargesLumpsum Extra Free of cost

11 Service Tax on E&C % extra @ 10.3% Not applicable

Offer

Ref.

Special

remarks, if

any

ANNEXURE-1

Strike Off whichever is not applicable & Fill up the Blank spaces /percentages (If VAT/CST/Service Tax is not applicable, please specify the same in the Special Remarks column)

Freight & Insurance under Vendor's

scope only- but charges if claimed

extra, can be paid by BHEL

UN-PRICED BID FORMAT TO BE FILLED UP BY THE VENDOR AND ATTACHED WITH THE

TECHNICAL BID WITHOUT FAIL , FOR CONSIDERING AND COMMERCIALLY EVALUATING THE

OFFER.

Quoted as Ex-works priceBASIC PRICE

Signature of the vendor with Company Seal

ANNEXURE-II

DETAILS OF COMPANY PERFORMANCE

A. Capacity Details: Manufacturing Capacity (Major machines with Qty.)

Machines supplied during last 5 years (Year-wise with Qty.)

Outstanding Order Book position (Type of Machine with Qty. & name of customers*) Liquidation Plan of all machines including BHEL machines under consideration for ordering

Type of Major Machines

Scheduled Supply Period

Qty.

Actual Supply Period

* If any bidder is unable to give name of ALL the customer(s) due to confidentiality restrictions, they may give details without disclosing such customer’s identity.

B. Performance of supplies to BHEL:

Details of POs to be considered in last 5 years shall include (i) Last 5 POs fully executed and (ii) all POs overdue for supply and/or E&C. Details of all machines in the POs to be given.

Name Supply Date

Nam P.O.

Erection & Reason Commissioning of

Actual / delay, Sl. No.

of M/c with broad specs.

e of No. P.O. BHEL & Value Unit Date

E&C period As incl. job

Actual/ per prove out as

Likely P.O. agreed

(in days)

Likely if any period of

E&C completion (in days)

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1. 2. 3. 4.

Note: 1. In case bidder has not received any Purchase Order in the last 5 years from any of the Units of BHEL, then 'NIL' should be indicated.

2. Reasons for delay to be explained in details.

3. BHEL reserves the right to reject the offer, if past performance of the bidder is evaluated to be unsatisfactory and/or false information is given by the bidder.

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